Bhim Gulguliya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65777 of 2022 Arising Out of PS. Case No.-23 Year-2017 Thana- RUPASPUR District- Patna ====================================================== Bhim Gulguliya, S/o Jagdish Gulguliya, R/V- Chandos, P.S.- Sigori, DistrictPatna. ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Rupaspur Police Station Case No. 23/2017 registered for the offence under Section 302/34, 201 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 05.06.2022.

The allegation against the petitioner is to commit the murder of husband of informant alongwith other co-accused persons after inviting him for a party alleged to be organized at the house of co-accused Chhatra Gulgulia @ T.T. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.65777 of 2022(2) dt.25-02-2023 2/3 submitted that allegation against petitioner is appearing very much general and omnibus, where thrust of allegation is available against co-accused Chhatra Gulgulia, who alleged to call husband of informant at his house for joining party. It is submitted that said co-accused, Chhatra Gulgulia has already granted bail by learned trial court itself under direction of this Hon'ble Court vide order dated 25.01.2021 passed in Cr. Misc. No. 35194 of 2020. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above as nature of allegation is very much general and omnibus against this petitioner, where informant is not the eye witness of the occurrence, coupled with fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Rupaspur Police Station Case No. 23/2017 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-

Patna High Court CR. MISC. No.65777 of 2022(2) dt.25-02-2023 3/3 VII, Danapur, Patna/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T